PUNJAB STATE Vs. GURDIP SINGH

JUDGEMENT

(1.) Since in these regular second appeals, same question of law and fact is involved, I would dispose of both these appeals through this common judgment.

(2.) Gurdip Singh was working as forest guard in Rayya Range in the year 1971. One Puran Singh was also working as forester in that range. There was a complaint by the Divisional Forest Officer, Amritsar that in connivance with some officials of the Forest Department including Gurdip Singh and Puran Singh, trees belonging to the forest department had been cut. Charge against them was that they had been negligent in the performance of their duty and had also committed other acts of indiscipline. They were charge-sheeted by the Divisional Forest Officer, Amritsar on 13.7.1971. Their grievance was that the copies of the complaint had not been supplied to them and the reply submitted to the charge sheet by them was not considered, Shri Jagdev Singh, IFS Divisional Forest Officer, Jalandhar was appointed as enquiry officer; Enquiry was conducted in a manner prejudicial to them. He found them guilty of the charges levelled against them. In the meantime, Sh. Jagdev Singh was promoted as Conservator of Forests. On promotion, he become their punishing authority. A show cause notice was given to Puran Singh and Gurdip Singh by Shri Jagdev Singh as punishing authority calling upon them to show cause why they be not dismissed from service. They furnished reply to the show cause notice. According to them, their reply was not considered by the punishing authority and vide order dated 2.8.1976 he ordered dismissal of Gurdip Singh from service. He ordered the compulsory retirement of Puran Singh from service and also that a sum of Rs. 2,240.00 shall be deducted from his gratuity and 10% cut on his pension. According to them the order was illegal and not sustainable. Appeal of Gurdip Singh was dismissed by the Chief Conservator of Forests, Chandigarh vide order dated 27.10.1977. On appeal of Puran Singh, Chief Conservator modified the said order. He ordered that there shall be no deduction on his pension. Gurdip Singh filed suit for declaration challenging his dismissal from service passed by the Conservator of Forests, Jalandhar saying that the same was arbitrary, mala fide, against rules of natural justice, ultra vires, illegal, void and unenforceable and he be deemed to have always been in the employment of the forest department with full pay, powers and privileges of that position as if the said order had not been passed. He challenged the order of the Chief Conservator of Forests at Chandigarh dated 27.10.1977 dismissing his appeal. It was alleged in the plaint that in his case enquiry officer became the punishing authority and he was punished by him. Enquiry officer became judge in his own cause. He submitted report indicting him, accepted that report and punished him which is against the principles of natural justice.

(3.) Puran Singh Forest Guard-plaintiff who was indicted by the Enquiry Officer alongwith Gurdip Singh and was punished with the punishment of compulsory retirement from service and deduction of Rs. 2,240.00 from his gratuity and imposition of cut on his pension filed departmental appeal, where imposition of cut on pension was set aside and rest of the order was maintained. He challenged that order through suit for declaration on the same grounds on which Gurdip Singh has challenged his dismissal from service.